The horizon is not so far as we can see, but as far as we can imagine

Britain To Restrict Jury Trials, Ending Jury Nullification For Political Crimes

Without jury trials, there is no justice:

David Lammy, the justice secretary, told The Times that the scale of the backlog – which has reached nearly 80,000 cases – is failing victims as he warned that “justice delayed is justice denied”

Lammy is expected to announce that he will scrap the right to trial by jury in “either way” cases, where defendants have the choice to have their cases heard in the magistrates’ or crown court.

Last year there were an estimated 13,000 either way cases – including theft and handling stolen goods, burglary, assault causing actual bodily harm, fraud, dangerous driving and possession of drugs with intent to supply – went before juries. 

Or you could spend more money and hire more judges and judicial staff? As usual, the real reason for the backlog is that governments after government have made cuts to the justice system.

But I suggest connecting the dots. All those people being arrested for protesting Palestine, they won’t have the right to a jury trial either. Which means that juries can’t nullify the law by refusing to convict.


Oh yes, she’s a terrorist.

The war on terror, as an aside, has reached the point many of us predicted at its start: anything the government wants to say is terrorism, is terrorism. As a rule I oppose most strengtheners. A crime is not more of a crime if it is motivated by hate. We already have motivation based modifiers in law (the difference between manslaughter and murder is intent) and those are enough.

But terrorism is particularly egregious because the way we define it is completely arbitrary at this point: it’s just “whatever a government says is terrorism, is terrorism.” Even in the past it was bullshit, because “killing civilians to effect political change” is something governments do all the time, but don’t call terrorism. The biggest terrorist organization in the world right now isn’t Palestinian Action, it’s Israel. At least by any sane definition. But even there, who cares? The actual crime isn’t “terrorism”, it’s genocide and the penalty for that is either execution or life imprisonment.

The UK government is becoming one of the most authoritarian and repressive in the world. To end jury trials for a huge class of people because they can’t be bothered to tax rich people like themselves is the very definition of tyranny, especially in Britain, the very mother of the right to be tried by ones peers, not some appointed judge who will often rule exactly as those who appointed them want.

Pathetic.

This site is only viable due to reader donations. If you value it and can, please subscribe or donate.

Previous

The Financialization Hoover Effect & The End Of The American Dream

Next

Possible Site Down Time

16 Comments

  1. Feral Finster

    The uk political class has no priority other than the War On Russia, specifically, in getting the Americans to go to war on britain’s behalf.

    Again.

    The Americans, for their part, are awfully touchy when it comes to Israel.

  2. spud

    and look at who is arresting her! its not the duty of the police to arrest you for doing something lawful, and there is the rub with policing and immunity.

    in the U.S. and i am sure canada to, the police, D.A.’s and many judges are on a rampage of arresting, brutalizing, framing, even killing people for a offense like jay walking, that you should not be arrested for. a simple ticket will do.

    in the end, stuff like this never ends well for the order followers and psychopaths.

  3. StewartM

    A crime is not more of a crime if it is motivated by hate. We already have motivation based modifiers in law (the difference between manslaughter and murder is intent) and those are enough.

    It’s tangential to your point, but “hate crime” legislation does have its place. (And there’s no such thing as a ‘hate crime’ per se, what it does is to add possibly more teeth to the punishment for an already-illegal act that someone has been convicted of. You first have the conviction for a ‘real crime’, then an extra penalty might be added). However, upping the penalty for hate being the motivation is not that much of an issue in the most-publicized cases (say, killings) but in lesser crimes.

    If, say you’re a member of some disliked minority in a neighborhood, your neighbors could start a campaign of either stealing from you or vandalizing your property in order to cause you mischief. Yes, you probably have insurance, but if you use that insurance for your home or vehicle or business “too many” times the insurance companies will cancel your policies. In many states (such as mine) if any *individual* act of theft or vandalism doesn’t exceed $500, then it doesn’t rise to the status of felony but is a misdemeanor that will disappear off the books after only one or two years.

    So, basically, your hostile neighbors could destroy your property, bankrupt you, and force you to sell or lose everything, and do so all at minimal legal risk to themselves. That seem right to you? But if there’s an enhanced penalty by these crimes being classified as “hate crimes”, then the perps might not get off so easy.

    The problem is with “terrorism” laws is that they don’t limit the powers to specific actions. We in the US quickly ran into this problem with the Patriot Act, the print was barely dry on the legislation when the Justice Department started publishing memos stating “Did you know the Patriot Act can be used against other crimes than terrorism?” and started to use its provisions for ordinary crimes. If OTH the Act had strictly limited the enhanced investigatory powers to people suspected of specific acts, and moreover it had granted immunity from prosecution for any other illegal activity discovered while using those special powers, then much of the damage would have been limited.

  4. WatchesForFun

    Where are all the neoliberal utilitarian trash to write apologia here? Lulz

  5. DMC

    Where’s Guy Fawkes when you need him?

  6. Purple Library Guy

    Despicable.

  7. Bruce Wilder

    I follow the rough course of British politics on the “in a distant mirror” theory that British political events can foretell or reveal the essence of parallel developments in U.S. and Canada. (Thatcher/Blair, Reagan/Clinton kind of thing).

    There are critically distinct institutional differences of course, including the nature of the constitutions in place, the differing bases for social class structure and racism, the way Parties have evolved, and notably, freedom speech and press.

    It strikes me as particularly ominous that U.K. has used border control at ports of entry to legalize police intimidation and punishment by process as a means to control dissent by journalists. Proscription of Palestine Action is another instance.

    Craig Murray wrote up a trial in Jersey (where jury trial is not an option) that happened yesterday. It makes it easier to read to note that the innocent victim was found not guilty by the bench. https://www.craigmurray.org.uk/archives/2025/12/the-terrifying-case-of-natalie-strecker/

    That all of this is happening under a Labour government gives me additional reason to pause regarding the Democratic Party, not that there isn’t a large enough pile fully earned by bad conduct.

  8. mago

    Pathetic, yes, although a stronger word is needed. Despicable is getting close, but I have no better alternative.

    Yes, the Brit’s are leading the charge in authoritarian crackdowns and bullying, but Germany is just a step behind, and if Miller had his way the US would be right there. It’s just a matter of time. The three branches of government with the idea of checks and balances have been long eroded, but the illusion of adherence to the constitution needs to be maintained for a bit longer.

    The frog is cooking, although that’s a lame example because even a frog would have enough sense to jump out of the pot before it was boiled. Humans? I’m not so sure.

  9. Feral Finster

    @Bruce Wilder:

    “That all of this is happening under a Labour government gives me additional reason to pause regarding the Democratic Party, not that there isn’t a large enough pile fully earned by bad conduct.”

    It has to be the party of goodthink liberals to end civil liberties. Imagine the howls of outrage if a class enemy or (horrors!) a Putin were to do anything similar.

  10. Eric Anderson

    The Children of Kali are coming …

  11. Jan Wiklund

    The German Terrorist law in the 80s, the mother of all terrorist laws, defined terrorism as (I quote from memory) “hamper the work of the authorities” and “deal with topics relevant to violent attacks”.

    So it was arbitrary as early as that and would include millions if it was applied strictly. But of course it wasn’t intended to. It was simply intended to be an arbitrary threat against anyone the government didn’t like.

  12. Failed Scholar

    That was always going to be the end result of so-called ‘terrorism’ laws and ‘hate-speech’ type laws, anything vague enough that the government can just call whatever it wants “terrorism” or “hate speech” and lock your ass up. When George Galloway can be a suspected terrorist, you know the ‘YouKay’ political system has completely jumped the shark https://www.youtube.com/watch?v=EXPTKcLRqSU

    Still, watching this all happen in real time is surreal. It has been amazing to watch just how far our shitsreali-aligned political classes will go to stifle criticism of genocide. The UK example is especially ridiculous given that the guy leading this charge is the definition of “goodthink liberal” (thanks Finster) so-called ‘human rights lawyer’. There’s lots of grandmas and folks in wheelchairs that need to arrested toot-suite, apparently? Funny how he couldn’t dig up this level of prosecutorial enthusiasm for literal organized child rape gangs.

    The worst part is that we are witnessing a glimpse of our own futures here, as I’m sure this will be the model for other anglo countries going forward to shut down criticism of Shitsreali crimes. The same crazy is inevitably adopted in one form or another, whether that’s stifling freedom of speech, insane internet surveillance policies, insane immigration policies, neoshitlibism out the wazoo, licking neocon Atlanticist balls, you name it.

  13. bruce wilder

    Jury nullification and judicial review were historically critical weapons in the political contest between the crypto-Catholic Stuarts, who were trying to rationalize the state along absolutist lines, and, opposing, the Protestant landed gentry and the rising bourgeoisie (and their lawyers), who favored an oligarchy ruling through law and managed in Parliament. Both groups of factions appealed out-of-doors for mass support, organizing the British two-party system of Whigs and Tories, and limited forms of religious tolerance/intolerance.

    Refugees from the early stages of the contest carried the ideologies of “the good, old cause” to the colonies of British North America where they informed self-government and, eventually, the Constitution. (Sorry Ken — the Iroquois had nothing to do with it.)

    In Britain, they got an established church, a constitutional monarchy, a naval commercial Empire, heavy limitations on freedom of the press (but oddly perhaps until recently not so much on speech or personal liberty).

    In the U.S., as the junior partner and good cop, we shared in Britain’s commercial empire. But, we in the U.S. got a federal Republic, lost now to the financial oligarchs. And, extensive freedom of speech, the press and religion — probably lost now to the feckless cosmopolitan woke and Christian nationalists, who have found a strange performative symbiosis in pointless albeit earned mutual contempt.

    In complete ignorance of small-c constitutional history, the capacity to think through the complex interplay of opposing interests and diversity of opinion, amidst human ambivalence and strategic ingenuity, I am not sure most people today can even understand why jury nullification can be a critical constraint on the corruption of power and justice.

    Political narcissism is epidemic. Refusing to acknowledge or respect an opposing point of view is tactical, but the method acting to perform the pose is strategic. And the pose excludes thinking prudently about co-existence through tolerance. We are back to 17th century authoritarianism, censoring and thinking we can impose untenable dogmas by imposing draconian penalties, justified by paper labels unrelated to any rational moral principle deliberately arrived at in debate and discussion.

    An open oligarchy, which I take constitutional representative democracy to be in common practice, requires that politics be circumscribed to enacting and enforcing rules of general application, derived logically from principles of moral intent and value. Subvert that and society is left to the depredations of raw power exercised with particular but inevitably chaotic focus. No one and nothing is safe. It is in the common interest to guard against elite corruption conspiring to exercise such raw power and judicial review and jury nullification were guards discovered in the disputes of the 17th century.

  14. Feral Finster

    Found on internet:

    “The cold reality is the UK now more resembles a 2nd or 3rd world Arab regime, like Jordan or Egypt. A poor country with little economic prospects, ruled by an unpopular political class with a large security state to quell dissent, caring more about pleasing foreign interests than domestic discontent, with the mores of its leadership increasingly divorced from and hostile to those of its own population. If the UK enters another IMF bailout, then likewise the state will similarly be supported by foreign aid, of course conditional on even more obedience to foreign whims.”

  15. somecomputerguy

    Hate isn’t what is being punished. The strategic nature nature of hate crimes are what set them apart from ordinary criminal violence.

    The strategic singling of a sub-group in order to turn members of a polity against each other. That is what earns an extra little whammy.

    Diverse societies thrive, until some enterprising little shit-stain gets it into his head, that he can gain power by demonizing a sub-group.

    That is happened in Yugoslavia.

  16. somecomputerguy

    The Ur terrorism definition challenge;

    Come up with a definition of terrorism that would exclude the WWII bombing of Dresden.

    If you can do that, please share.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Powered by WordPress & Theme by Anders Norén